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HomeMy WebLinkAboutCouncil Agenda Packet 05-08-17 AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING May 8, 2017 7:00 p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Sara Spaulding, Public Information Officer, at 303-235-2877 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF Council Minutes of April 24, 2017 and Study Notes of April 17, 2017 and April 24, 2017 PROCLAMATIONS AND CEREMONIES Seniors’ Resource Center Everett Middle School – 50-year recognition Municipal Clerk’s Week National Police Week CITIZENS’ RIGHT TO SPEAK a. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 minutes and sign the Public Comment Roster. b. Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard. c. Citizens who wish to speak on Study Session Agenda Items, please sign the STUDY SESSION AGENDA ROSTER. APPROVAL OF AGENDA DECISIONS, RESOLUTIONS AND MOTIONS 1. Motion to Ratify Mayoral Appointment of the Wheat Ridge Environmental Sustainability Committee CITY COUNCIL AGENDA: May 8, 2017 Page -2- DECISIONS, RESOLUTIONS AND MOTIONS con’t 2. Resolution 13-2017 – Approving an Intergovernmental Agreement between the City of Wheat Ridge and the City and County of Denver concerning Engineering Services for the extension of a Denver Water Department Conduit CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURNMENT CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29rH AVENUE, MUNICIPAL BUILDING April 24, 2017 Mayor Jay called the Regular City Council Meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ROLL CALL OF MEMBERS Monica Duran Zachary Urban Janeece Hoppe George Pond Kristi Davis Tim Fitzgerald Genevieve Wooden Absent: Larry Mathews (excused) Also present: City Clerk, Janelle Shaver; City Treasurer, Jerry DiTullio; City Attorney, JerryDahl; City Manager, Patrick Goff; Chief Daniel Brennan; Administrative Services Director, Heather Geyer; Public Works Director, Scott Brink; other staff, guests and interested citizens. APPROVAL OF Council Minutes of April 10, 2017 There being no objections, the minutes of April 10, 2017 were approved as published. PROCLAMATIONS AND CEREMONIES Mental Health Month Mayor Jay read a proclamation declaring May as Mental Health Month. Alia Andrews from the Jefferson Center for Mental Health was present to receive the proclamation. She presented the Council with a packet of materials about the Jefferson Center and thanked the City for its support. Child Abuse Prevention Month Mayor Jay read a proclamation designating the month of April as Child Abuse Prevention Month. Vanessa DeMott, from the Ralston House Board of Directors, received the proclamation and briefly explained the many free services that Ralston House provides. The blue pinwheels around town symbolize the children that have been brave enough to tell their stories and are no longer victims, but survivors. Children from Ralston House presented the councilmembers and Mayor with blue pinwheels. Cub Scout Den Pack #582 was present. The pack is working on Citizenship in the Community merit badges. Bob Major, the pack leader, thanked the Council and Mayor for letting them come. Bond Document Signing A signing ceremony was held to sign the documents related to the 2E bonds. City Treasurer Jerry DiTullio, Mayor Jay and City Manager Patrick Goff participated. City Council Minutes April 24, 2017 Page 2 CITIZENS' RIGHT TO SPEAK Jesse Hill (WR) congratulated the Council on their productive retreat. He spoke about the funds the City has from the utility tax for undergrounding. He would like to see a plan for how the 1 % funds are to be spent. He suggested that District 1 needs some undergrounding. Britta Fisher (WR) thanked Council for its support of Localworks events. She announced the Criterium and Brewfest that will be on Sunday, June 11, 8 am -Bpm. She gave some details about the event and asked for volunteers. She noted that postcards have gone out that tell of upcoming Localworks event for the next four months. APPROVAL OF AGENDA Mayor Jay explained that an error had been made in the published agenda. Resolution No. 11 (originally published as Item #2) belongs in the consent agenda and will be considered as such. Resolution No. 12 (originally published as Item bin the Consent Agenda) should be agenda Item #2 and will be considered as such. [Clerk's note: Changes to the agenda are reflected in the minutes.] 1. CONSENT AGENDA a) Motion to award ITB-17-11, Concrete Rehabilitation and ADA Improvements, Project Base Bid and Bid Alternate 1 to Majestic Concrete Contractors, Inc., Golden, CO, in the amount of $223,403.20, with a contingency amount of $11, 170 for a total of $234,573.20 [budgeted; standalone concrete project for curb ramps (ADA compliance), preventative maintenance, and concrete speed humps, and related signs and markings for NTMP (traffic calming)] b) Resolution 11-2017 -A Resolution approving an Intergovernmental Agreement with the City of Lakewood providing for resurfacing of 32nd Avenue between Union Street and Kipling Street with an estimated cost of $97,695.98 to the City of Wheat Ridge [budgeted] Councilmember Pond introduced the Consent Agenda. Motion by Councilmember Pond to approve Consent Agenda Items a) and b); seconded by Councilmember Duran; carried 7-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Resolution No. 12-2017 - a Resolution establishing a street width for 29th Ave. from Ingalls Street to Fenton Street, for Fenton Street from 29th Avenue to 30th Avenue, and for 30th Avenue from Harlan Street to Fenton Street City Council Minutes April 24, 2017 Page 3 The Intergovernmental Agreement (IGA) with Denver Water related to the reconstruction of the Ashland Reservoir at 29th & Fenton includes improvement of adjacent streets. The City will also be straightening 29th Avenue. Street width designation is required by the City Charter. Councilmember Hoppe introduced Resolution 12-2017. Mayor Jay opened the public hearing. Staff Presentation Mark Westberg gave a short power point outlining the plans for 29th, Fenton and 30th Avenues. • The Ashland Reservoir project obligates the City to straighten out 29th Ave. • The traffic signal at 29th & Fenton will be removed. It does not meet warrants; it was only there because of the adjacent hill (which is being removed). • Denver Water is obligated to add streetscape improvements to 3Qth Ave and Fenton. • Existing and proposed street widths vary. • $435K is in the budget this year for it. • The City is currently negotiating with Denver Water on terms for reimbursement of their portion of the project. The IGA will come to Council on May 22, 2017. • A piece of the project is in Edgewater. They may have funds for this next year. • 29th Ave west of Gray St will remain at 26 ft wide, with periodic pockets of on-street parking. • 29th Ave between Gray and Fenton is proposed to be 32 ft wide, with on-street parking on the entire south side. • East of Fenton the width of 29th Ave will not change. • Fenton is sub-standard in width by 2 feet; it will be widened a couple feet to better accommodate on-street parking. The tree lawn will shrink to 4 ft and possibly consist of porous pavers to provide irrigation for the trees that will go in. • 30th Ave was overbuilt. It will be shrinking to 38 ft. On-street parking will be available on both sides. A tree lawn and sidewalk will be included. • The construction contract should be awarded in late July, with construction to start in August. Public Comment Mario Nicholais (Lakewood), general counsel for Village Senior Living, the management company for Wheat Ridge Manor, said they support this plan, believing it will make it safer for their residents and visitors. They would very much like the Council to consider passing an ordinance that allows angled parking; they would apply for that. It would accommodate more cars, encourage visitation, and be safer when entering and exiting cars. They would support further widening to accommodate angle parking. Jay Moskowitz (WR), one of the owners of Wheat Ridge Manor, supports widening Fenton. They would like to work with the City to improve access to their facility. They appreciate the changes to the reservoir, but impact studies show these construction years have hurt them financially by hundreds of thousands of dollars. He explained how City Council Minutes April 24, 2017 Page4 angle parking would be safer for residents and visitors, and better accommodate fire engines and ambulances. Ray Magee (WR) lives at (and owns) 29th & Ingalls and has issues related to parking. He is upset that at the public meeting several months ago he wasn't informed that his parking would be reduced from five spaces to two. He told of another apartment that will also lose parking. The City does not seem responsive about the negative impact to neighbors. From Council questions Mr. Westberg testified that • Our Code does not allow front-in angled parking because it is dangerous. • · The ROW needed to widen Fenton Street isn't available. In addressing various parking issues at area apartments on 29th, Mr. Westberg added • The City is not obligated to provide parking for tenants. • Existing unimproved gravel shoulders are public ROW. • ADA compliance dictates driveway treatments. Mayor Jay closed the public hearing. Motion by Councilmember Hoppe to approve Resolution 12-2017, a resolution establishing street widths for 29th Avenue from Ingalls Street to Fenton Street, for Fenton Street from 29th Avenue to 30th Avenue, and for 30th Avenue from Harlan to Fenton Street; seconded by Councilmember Duran; carried 7-0. ORDINANCES ON FIRST READING 3. Council Bill 08-2017 -An ordinance referring a Ballot Question at the Regular Municipal Election on November 7, 2017 concerning the restriping and repaving design configuration of 38th Avenue between Sheridan Boulevard and Wadsworth Boulevard Motion by Urban to allow public comment on 1st Reading; seconded by Councilmember Duran; carried 7-0. Councilmember Urban introduced Council Bill 08-2017. The ordinance refers a ballot question to the electorate at the November 7 election requiring the City to restripe and repave 38th Avenue between Sheridan and Wadsworth to at least a four-lane configuration when the street is repaved. Repaving is budgeted at $750,000. Public Comment Herb Schillereff (WR) spoke in favor of putting this question on the ballot. He thinks it should be four lanes, and citizens should be allowed to vote on it. He noted the upcoming widening of Wadsworth and all the traffic that will be coming onto 38th. City Council Minutes April 24, 2017 Page 5 John Genova (WR) doesn't think 38th is a problem. People have repeatedly voiced support for a safe, walkable 38th Ave., and wide sidewalks, amenity zones, and parking can't fit with four lanes. He doesn't think $750K should be spent on a project that doesn't meet amenity requirements; it makes more sense to spend it to solve tangible infrastructure problems. Turning 38th into a freeway is fiscally irresponsible and betrays the trust of the people who attended the meetings. Karen Stanley (WR) feels putting this on the ballot is disingenuous to the Cre8 Your 38 process. She thinks 38th is working nice and doesn't think the community wants a freeway. She cited school safety, and noted the lane reduction only adds two minutes for her commute. Amber Wilson (WR), VP of Perrins Row HOA Board, stated their residents do not think this should go to a vote. They want on-street parking, and believe three lanes better serves the safety and comfort of their residents. Sundari Kraft (WR) requested this not be referred to the ballot. She referenced an article from 1994 about the width of 38th being a contentious issue and doesn't think putting this on the ballot will solve anything. She thinks the timing is bad with the development at 38th & Wadsworth coming. There is no need for this. Sales tax is up and there are no safety issues. Putting it on the ballot is a waste of $750K, Council's time, and social capital. She listed other issues she feels are real problems to be addressed. Kristine Disney (WR) thinks this ballot issue is na·ive and does nothing but return a few blocks to a 45mph speed. She thinks there are more pressing issues than having to slow down for a few blocks. She suggested turning left into traffic takes a long time; the number of lanes doesn't matter. Traffic counts are the same as before three lanes; sales tax is up; some businesses/residents have moved here because of three lanes. She thinks 38th is working and the money should be spent on real problems; this isn't important. She asked Council to kill it on 1st reading. Kim Calomino (WR) recommended thinking holistically. She focused on the economic development that is happening with three lanes: Localworks' marketing of the Ridge, the pop-up cafes and landscaping, Localworks' creation of large events and engagement of the 38th Ave business community. Events have been successful; revenue is up; traffic volume hasn't declined and is slower. This ballot approach addresses only one issue; we are capable of better. This is unnecessarily divisive. She favors the pursuit of an· economic and socially vibrant main street. She asked Council not to put it on the ballot. John Clark (WR) distributed to Council a recent column in the Denver Post encouraging cities not to eliminate traffic lanes on major arteries. ·Having recently opened a business on 38th, he testified that traffic is not safe. He believes 381h will never be safe -no matter how many lanes it has, because it's the people driving. He noted all the folks who came tonight to speak up about 38th Ave, but only two people came to address the school board. Three lanes isn't the fix-all for the City if they are gutting our schools. Three lanes and walkability doesn't make a great city if the schools are terrible. And no one is paying attention. He encouraged Council to put it on the ballot, make a decision, and move on to something important. City Council Minutes April 24, 2017 Page6 Rachel Hultin f'NR) would support four lanes on 3Sth if it included the slowing of traffic and revitalization elements such as sidewalks, gathering places, landscaping, art, and place making. Whenever citizens have been asked about three vs four lanes they have always supported three lanes. She asked why the outcome of the Crea Your 38 process isn't being implemented since so many people participated and the support was for three lanes. The only questions should be about investment in the vision. Citizens have not once asked for four lanes. She would like to see real money put to real problems. Bill Cosselman (WR) told of a beach city in North Carolina that didn't just restripe a road; they also built the sidewalks and islands. It lasted one season and they had to tear it out -at a very high cost. He thinks it would be a good idea to put it on the ballot. Albert Gallo (WR) said Tennyson (from where he moved recently) has real traffic problems. He's learning the history since he's only lived here six months. He supports this being on the ballot, but questioned what the goal is and doesn't think it will solve anything. He asked Council to represent him and keep it the way it is. He prefers three lanes and thinks four lanes eliminates walkability. Britta Fisher f'NR) shared that the consensus of the Localworks board is for the three lane plan. She said what's important is what happens beyond the curbs and this ballot issues doesn't do that. It neglects businesses, residents and community stakeholders. Sales tax is up, the vacancy rate is down, vehicle speeds are down, and vehicle counts are consistent. She encouraged Council not to give us another confusing ballot question, and to follow through on 2E and remained focused. Kathleen Martell (WR) thinks the community is more united with the passage of 2E; she has hope. 38th is a place for our people to come together and she doesn't want it to be changed. This ballot issue doesn't address many issues. This is the wrong time for this when there are so many things to be positive about. She asked Council to stop this now. Motion by Councilmember Urban to approve Council Bill 08-2017, an ordinance referring a Ballot Question at the Regular Municipal Election on November 7, 2017 concerning the restriping and repaving design configuration of 38th Avenue between Sheridan Boulevard and Wadsworth Boulevard on first reading, order it published, public hearing set for Monday, May 8 at 7:00 p.m. in City Council Chambers, and that it take effect fifteen days after final publication; seconded by Councilmember Duran. Council comments followed. Councilmember Hoppe will vote to go to second reading to give more people an opportunity to speak on it. Councilmember Davis agreed it's about amenities, not lanes. She listed a number of development variables that are happening now. She believes the Council should wait and noted the people who want four lanes also want sidewalks and amenities. Councilmember Wooden entered into the record a stack of 30 emails she received on this, noting that 29 emails did not support it. This Council Bill was written by one City Council Minutes April 24, 2017 Page 7 councilmember, was done when three members were out of town, needs a study session with public input, and should have input from all eight members. She'll vote no. Councilmember Urban noted that 3ath Avenue was to go on the ballot last year, but it was pulled in deference to 2E. Since 3ath Ave is slated for repaving/restriping in the 201 a budget, he felt it made sense to ask voters what they want. The restriping piece adds no cost. The Crea Your 38 process did distill down to 3 lanes, but in 2014 voters rejected that vision by 15%. If Crea Your 3a is the will of the people, this will fail. If it passes, we will have listened to the people. Councilmember Fitzgerald said he would vote no for a number of reasons. He said we've been talking about this issue for 20 years and the processes of the last four years have been a lot of work for our staff. This wastes time and keeps us from moving forward. Councilmember Duran explained all the reasons why she thinks this should go on the ballot: The 2011 three lane plan was a pilot study. 28 failed in 2014. Two major housing units are coming to 3ath (Upham and Wadsworth). The Wadsworth widening with two turn lanes going onto 3ath will add to the congestion and diminish safety. 1 % of the city bikes to work, 90% ride in vehicles to work; those 90% deserve a voice. She supports giving citizens a say in how their tax dollars are spent and she will honor any outcome. Councilmember Pond spoke about the importance of what happens beyond the curbs. He will not waste the momentum that is happening in the City. He will vote no because it isn't the right context, it's not the right question, and it's not the right time. Treasurer DiTullio commented that analysis indicates that sales tax revenue has increased in all segments of the 3ath Avenue corridor since 2010. One could debate the reasons, but the increase is factual. Motion by Councilmember Davis to call for the question; seconded by Councilmember Fitzgerald. Clerk Shaver reported she had been asked by Councilmember Pond to include 21 emails in the record. Anticipating there may be duplicates, she asked if she could peruse Councilmember Wooden's stack for other names and include them with the other 21. Councilmember Wooden agreed. The motion to call for the question carried 7-0. The main motion failed 3-4, with Councilmembers Wooden, Fitzgerald, Davis and Pond voting no. CITY MANAGER'S MATTERS Mr. Goff had nothing to report. CITY ATTORNEY'S MATTERS Mr. Dahl had nothing to report. City Council Minutes April 24, 2017 Page 8 ELECTED OFFICIAL'S MATTERS Jerry DiTullio reminded folks of the community meeting May 4 at the Rec Center from 6:30-8. He noted that Wazee Partners would not be there as had been advertised. Janelle Shaver clarified that the controversy over 39th Avenue in 1994 involved the section of road from Cody to Kipling. It had nothing to do with 39th Ave from Wadsworth to Sheridan. Zach Urban offered congratulations to the WRHS STEM program. He attended the gala and enjoyed meeting the students. He acknowledged the teachers for their great efforts. ADJOURNMENT to Executive Session at the conclusion of the Special Study Session Motion by Councilmember Pond to recess the Regular Meeting until after the Special Study Session, and following that session reconvene and go into Executive Session for a conference with the City Attorney, City Manager, and appropriate staff under Charter Section 5.7 (b)(1) and Section 24-6-402(4)(b), C.R.S .•. to receive legal advice concerning litigation; and further to adjourn the Council meeting at the conclusion of the executive session; seconded by Councilmember Urban; carried 7-0 ADJOURN TO SPECIAL STUDY SESSION The City Council Meeting was recessed at 9:08pm. A Special Study Session followed. EXECUTIVE SESSION Following the Special Study Session, the Executive Session convened at 9:34pm in the Lobby Conference Room and was adjourned at 10:52pm. Mayor Jay announced a return to the open meeting and declared it adjourned. Janelle Shaver, City Clerk APPROVED BY CITY COUNCIL ON May 8, 2017 George Pond, Mayor pro tern The preceding Minutes were prepared according to §4 7 of Robert's Rules of Order, i.e. they contain a record of what was done at the meeting, not what was said by the members. Recordings and DVD's of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions. STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO City Council Chambers 7500 W. 29th Avenue April 17. 2017 Mayor Joyce Jay called the Study Session to order at 6:30 p.m. Council members present: Monica Duran, Janeece Hoppe, Kristi Davis, Zachary Urban, George Pond, Tim Fitzgerald, Larry Mathews, Genevieve Wooden Also present: City Clerk, Janelle Shaver; City Manager, Patrick Goff; Public Works Director, Scott Brink; Community Development Director, Ken Johnstone; Parks Director, Joyce Manwaring; other staff, guests and interested citizens CITIZEN COMMENT ON AGENDA ITEMS Susan Miller (WR) is an active WRHS parent. She reported on the conditions at WRHS, brought on by the School District's actions, that led to the resignations of Principal Griff Wirth and two top assistant principals. The low reading levels of incoming freshmen often lead to substance abuse, classroom disruption and dropping out. The District's failure to send students who are prepared for high school is not realistic, but Mr. Wirth and his team have spent funds on literacy intervention and counselling, and have delivered best in the District in terms of student achievement growth for all students. They've also built high performing new programs like STEM and Career Pathways. Despite the obstacles, Mr. Wirth and the teachers have kept things going. Recently the District demanded that WRHS pick up the $150K cost for the GT specialists (Gifted & Talented) -something the District has funded for 10 years. Rather than learn from the successes at WRHS, the District gave Mr. Wirth the impossible choice of choosing between the low readers and the GT kids. Enrollment is declining. Kevin Carrol has insisted the GT program be funded with specific monies -forcing the school to choose between the most vulnerable and the GT students. Mr. Wirth and the two assistant principals have resigned. The District reversed its decision, but the damage has been done. The City should be very concerned about what will happen if the GT program is moved to another school. WRHS will lose faculty and students, and become a Title 1 school like Jefferson and Alameda. The economic damage to the City will be long lasting. She suggested that while the District talks about $25M to move 5th grade to middle school, maybe they could talk about $1 M to fund the GT program for ten years at WRHS to ensure its longevity. Ian Clark (WR) and Evan Clark (WR) donated their minutes to John Clark. STUDY SESSION NOTES: April 17, 2017 Page -2- John Clark (WR) As a graduate and active parent of Wheat Ridge schools and local small business owner he believes it's time for the City to stand up to the school district. We don't have an abundance of schools in WR, yet the District is constantly tearing our schools up, closing schools or threatening to, pulling funds, etc. Great schools lead to great cities. We've spent 6 years and a million dollars trying to figure out the lanes on 38th Ave, plus all the meetings over WalMart and left turn lanes on Wadsworth. What time or effort has been directed towards our schools? Someone should ask why the District is destroying our WR schools? Is it because we have an older demographic that may not vote their way? Does the District have faulty numbers? The City reports families are moving in, but the District keeps closing schools. Is it jealousy for the great things being done at WR schools despite District policies? Without great schools, talk about vision and economic development and walkability and sustainability means nothing. He suggested the school board have a bake sale or fund raiser (like the students have to) to raise money for its raises, instead of closing programs for kids . .L Staff Reports none 2. Wheat Ridge Education Alliance Update-Genevieve Wooden Councilmember Wooden introduced the agenda item and moderated the panel discussion. • She began with background about the Education Alliance. • The Safety Center at Martensen school is going to have an Open House this Wednesday, April 19 from 3:30 -S:OOpm to exhibit the repurposing of the school. • Everitt Middle school will be celebrating its soth anniversary on May 10 with an open house. Guests included: Ali Lasell, Jefferson County School Board member Karen Quambeck, Achievement Director for Jeffco schools; supervises Wheat Ridge and Conifer elementary schools Principals Griff Wirth (WRHS), Cheryl Clay (Kullerstrand), Anne DiCola (Stober), and Jeff Gomez (Everitt) Ali Lasell updated the Council on the search for a new Superintendent. Karen Quambeck updated the Council on • Principal changes in Wheat Ridge this year (Clay and DiCola) and for next year at Wilmore Davis and Stevens. John Martinez (Wilmore Davis) retired just before Easter; principal from Pleasant View Elem will replace. Stevens' new principal coming from Denver STUDY SESSION NOTES: April 17, 2017 Page -3- • The APTT (Academic Parent Teacher Teams) at Stevens and Pennington -where parents and teachers collaborate to set academic goals for students Anne DiCola gave an update on Stober. • A math program was closed down so enrollment went down. (296 students in Oct) • They've been focusing on reading and 21st century learning .. • They have Socratic seminars, even for the kindergarteners. • They have implemented defined thinking into their classrooms. • It has been a challenging year with the potential closure. Cheryl Clay gave an update on Kullerstrand. • They focus on the whole child -academic, social and emotional needs. Have 236 students, with 80% on free/reduced lunch. • They are starting to show an increase in achievement. • Focusing on the 21st Century learner, they have implemented an after-school robotics program this year focusing on the application process. With their digital library they are beginning to share with other school -hoping the programs spreads and there can be some competition in the future. Students develop and learn the coding behind running the robots. They are expanding the program next year. • They have a new PTA board for next year; the PTA had severely declined, but is growing again. Jeff Gomez gave an update on Everitt. • They have addressed clean-up and culture building the last six years. • Students include 68% on free/reduced lunch, single parent homes, grandparents raising kids, kids with incarcerated parents, and parents without skills and/or resources; this age is a challenging time for the students generally. • Saturday, April 29th from 10-2 is their Resource Fair (support organizations); expanded to include a carnival this year 5; please join us. • The soth anniversary celebration is coming up on May 10. • Their biggest challenge is the perception of the school and its students. 0f ery few of their students come from Denver.) Griff Wirth gave an update from WRHS. Highlights included: • Focus on 21st "Century learning skills • The gifted program and Shades of Blue (aviation exploration program) • The STEM program that brings in professionals with adult level learning who teach adult world soft skills, leadership, and teamwork. o The STEM team is taking another car to Detroit next month. o This year the STEM team built a Mars rover and took it to a NASA competition in Huntsville, AL where they competed with college students and international students. o The STEM team will have a fog wall to show movies/videos at prom this year. STUDY SESSION NOTES: April 17, 2017 Page -4- • They've added a construction class taught by industry professionals; by year's end they will have 15 students certified and ready to walk onto a job site. • Engagement with Careerwise, a new non-profit with 3-year apprentice programs for grades 11, 12, and 13. Students get HS education and work with businesses. o Career Explorer is a new program for at-risk kids who will not graduate. Available are programs in construction, hospitality and health care-the top three needed jobs in Colorado. All 28 kids in the programs attend regularly. o The 12 hospitality students have finished -earning 35 of 36 certificates possible. Internships are starting. o Assisted living centers are eager to get the health care kids to intern with them, followed by careers and helping them get college degrees or extra training. o These programs provide hope for a future. o This was completely unfunded; cost $100K for this semester for 30 students; we have to figure out a way to find partners, fund and grow programs like this. Ms. Lasell addressed the recent school closures. While Stober and Pennington escaped closure, the School Board decided to develop a healthy process to guide them through all future closures. Jeffco schools built in the 1940's and 50's had a capacity of 275-325 and everyone walked to school. It's a different age now. The District has determined that 350-400 students are necessary for a school to be sustainable. Ms. Quambeck reported the District will be getting bids from a 3rd party to navigate the task force in creating a process and criteria for school closure. Those are difficult decisions, best made in a transparent process with multiple voices at the table. Discussion followed. • How can elected officials help? School reps: Know/learn about the schools; visit them. Lasell: Understand school funding; funding is less than it was in the 1980's. • Ms. Lasell could not assure that Wheat Ridge schools will not be closed in the future, but she has high hopes for the task force and that community will be part of the discussion. • WRHS and Everitt have high facility condition index (FCI i.e. needs) and were sold as part of the bond issue. WRHS has one of the highest FCl's in the County. The bonds failed, so now available facility funds are going to additions at Dunstan and Drake and elsewhere. Ms. Lasell said those are due to severe overcrowding. Ms. Quambeck reported that overcrowding trumps FCl's. • If you close schools, please maintain them. • Reasons the bonds lost? Lasell: We needed more time and clearer messaging. • Discussion about per pupil funding and mill levy override • How open enrollment affects school population • Bussing from overcrowded areas to less crowded areas has not been discussed. STUDY SESSION NOTES: April 17, 2017 Page -5- • There are people in the community that would help; PTA's should talk to each other; Reading Buddies is a good program. • Elementary, middle and WRHS staff do meet regularly regarding transitions and for collaboration. They've also hired a social/emotional counsellor just for our area. • The Educational Alliance school guide will be updated soon. • A consideration for future closure should include past closures in that area. • The WR schools that were listed on the bond --where are they prioritized now? Lasell: Facilities Dept could answer that. Lasell: Think about the economy of scale. • Why are charter schools so full? Their pedagogy is different; they fill a need. There was agreement to meet again in the near future. A recess was taken at 8:33. The Study Session resumed at 8:40 pm. 3. Ward Station Vision Update -Kenneth Johnstone With guests Will Wagenlender and Mike Unger (WSP Parsons Brinkerhoff) Ken Johnstone opened the presentation by reviewing some recent history of events. WSP was hired in July, 2016 to define the vision, and leverage and continue the work the ULI technical advisory panel did. Will Wagenlender gave a power point presentation about the vision for the TOD site. • The Vision Objective is to tell citizens, stakeholders and developers what the preferred concept is for future development of the area. • Stakeholder feedback: o Market readiness and timing: a traditional TOD requires longer lead time; there's competition from other stations; being unique o Site Specific issues: Not very visible; leverage existing land uses and buildings (already quite a bit of employment there); 1-70 is an opportunity and a barrier. o Land use: Think outside the box (green, recreational, employment); not traditional;! dense residential o Target audience: Attract new demographics, use events; use existing and potential employers o ULI TOD Marketplace: site not well known; some skeptism; it is unique Base Camp Wheat Ridge's Vision: premier metro area outdoor recreation focused companies and employers; introduce maker spaces and co-working spaces • High Level Vision Elements: maker spaces/co-working spaces; pop-up events; active public spaces; outdoor recreation, • Vision Elements STUDY SESSION NOTES: April 17, 2017 Page -6- o Regional park could include bike/ped trails, water sports, water features, community beach, private development opportunities, and public art o Multimodal connectivity o Connect both sides of the site ·with a pedestrian bridge to break the barrier and activate the site o Linear Green space (a "spine" of the site): bike/ped paths, outdoor exercise nodes, small pocket parks, playground and skate parks, public art, o Infrastructure investments: Regional park (southern end with the lakes), linear green space, street improvements, traffic signals, pedestrian bridge, station plaza, utilities, structured parking o Funding and financing: voter approved sales tax of $12M; expand metropolitan district; TIF's; grant opportunities; development impact fees Next steps • Collaboration and consensus building: Key people/groups the city has already worked with that will continue to keep the vision going • Planning, economic development, and engineering departments: o Work with multiple land owners on assembling multiple parcels (a challenge) o Work on economic viability, marketing and branding o Wayfinding and signage; ped/bike connectivity; pop-up and temporary events Mr. Johnstone went through what staff is doing ongoing. A staff technical working group has been established that meets monthly. Progress is being made on: • Trying to be creative about how to use the $12M in smart ways • Creating a list of options and refined ranking criteria • Identifying best funding sources for infrastructure (metro district, 2E funds, TIFs, etc.) • Talked to some outdoor employers, formed a relationship with the State's international trade office, and had meetings with property owners • Would like to renegotiate with RTD. Significant bus volume (17) was originally expected, but that has changed to one bus. Bus and parking areas could be repurposed. Also want to allow pop-up uses. • Intending to go under contract on a scope of work to define the ped bridge concept • Parks will come from privately owned properties (where the lakes are) • Working with adjacent jurisdictions (Arvada and Jeffco) regarding grant applications for Ridge Road and 52"d • Branding efforts are underway; same consultant that did Investing 4 the Future • Lauren Mikulak and Joyce Manwaring will be updating the Planning Commission and Parks Commission in the next 30 days. • The regional park with the two lakes will need a planning process and a refined vision Discussion followed. STUDY SESSION NOTES: April 17, 2017 Page -7- • Be careful about the use of the $12M; concerned about asking voters for more money. Mr. Goff said another tax increase is not being considered, but there are TIFs and the metropolitan district. Mr. Johnstone mentioned the $2.5M TIF limit. • The Parks Department will pursue GOCO and Open Space grants. • Development fees for parks will apply. • Update on possibilities for residential on the Hance Ranch; townhomes on the northern end may be the first to happen • RTD has asked to come give an update. They are hopeful the Federal Railroad Administration will allow testing to resume on the G Line. • Discussion about leveraging with other funding sources and private investment; there is no real formula. Publicizing the leveraging to the public is important • Plenty of capacity for water and sanitary services is available. The Jolly Rancher site has LOTS of water. Options for storm water is still a topic of discussion. Mr. Goff asked for consensus on the components of the vision so staff can proceed. There was unanimous consent to approve the vision 4. Elected Officials' Report(s) Kristi Davis informed Council that Urban Renewal has a meeting tomorrow. Genevieve Wooden reported the open house this Wednesday for Martensen's dedication is from 3:30-5:00. A program is at 3:45. She noted that some of the broken windows at Martensen are for training purposes. -She reminded everyone who ever attended Everitt Middle School that the open house is May 10 from 4:30-8:00pm. ADJOURNMENT The Study Session adjourned at 9:23 p.m. APPROVED BY CITY COUNCIL May 8, 2017 George Pond, Mayor Pro Tern SPECIAL STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO City Council Chambers 7500 W. 29th Avenue April 24, 2017 Upon adjournment of the Regular City Council Meeting Mayor Joyce Jay called the Special Study Session to order at 9: 12 p.m. Council members present: George Pond, Janeece Hoppe, Kristi Davis, Monica Duran, Tim Fitzgerald, Zachary Urban, Genevieve Wooden Absent: Larry Mathews (excused) Also present: City Clerk, Janelle Shaver; City Attorney, Jerry Dahl; City Manager, Patrick Goff; other staff, guests and interested citizens. CITIZEN COMMENT ON AGENDA ITEMS none APPROVAL OF AGENDA .L G Line Update from RTD -Natalie Menten Natalie Menten, District M Director for RTD, updated the Council on the process that is happening related to the Gold Line. Three waivers have been filed with the Federal Railroad Administration (FRA) and the Colorado Public Utilities Commission (PUC). 1. Waiver for the B Line (Union Station to Westminster) to remove one flagger 2. Waiver for the A Line -(Union Station to DIA) to continue on waiver status after April 30; improvements have been made to the software (safety gates coming down too soon and staying down too long) 3. Waiver to resume the testing on the Gold Line. Henry Stopplecamp, Assistant General Manager of Capital Programs for RTD, reported that testing on the G Line will require 57-60 days of perfect testing. He estimates 2-3 months. He reviewed the improvements that have happened with the A Line. Approval has to come from both the FRA and the PUC. Council questions Councilmember Urban asked for an explanation of the difference between light rail and commuter rail, and whether the G Line will exhibit the same problems as the A Line has. • Mr. Stopplecamp explained that the A, B, and G Lines are commuter rail (not light rail) and have heavier equipment. The track gauge is the same, but the articulation is SPECIAL STUDY SESSION NOTES: April 24, 2017 Page -2- different. Light rails cars pivot in the center, can make tighter turns, and can accelerate and stop faster. Commuter rail cars don't pivot in the center. They behave like a typical rail cars, which is related to sharing the track with BN&SF. • RTD hopes not to have the same problems with the G Line as happened with the A Line. He elaborated on the change in the software, the addition of delays and quiet zones. Councilmember Fitzgerald asked if there are problems RTD is not sharing with the City. • Mr. Stopplecamp stated they have solved many problems on the A Line. Those issues should not come up with the G Line. To his knowledge, RTD is not hiding anything from Wheat Ridge. The software is fixed; the hardware is ordered. Councilmember Urban inquired about a projected opening date. Mr. Stopplecamp stated that projection for opening is premature at this time. The goal is to finish by the end of 2017. ADJOURNMENT The Special Study Session adjourned at 9:27 p.m. As determined by a previous motion, the Regular City Council Meeting was reconvened for the purpose of going into Executive Session. Janelle Shaver, City Clerk APPROVED BY CITY COUNCIL ON May 8, 2017 George Pond, Mayor pro tern ITEM NO: DATE: May 8, 2017 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO RATIFY MAYORAL APPOINTMENT OF THE WHEAT RIDGE ENVIRONMENTAL SUSTAINABILITY COMMITTEE PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ City Manager ISSUE: The purpose of the Wheat Ridge Environmental Sustainability Committee (WRESC) is to involve the community in recommending and prioritizing environmental sustainability goals for the City of Wheat Ridge municipal operations and other community-wide sustainability efforts. The committee will provide recommendations on effective environmental programs and policies to the City Council and will serve as a forum for the community to offer input concerning environmental sustainability within the following six topic areas: • Green Building • Education & Communication • Energy Efficiency & Renewable Energy • Solid Waste & Recycling • Transportation • Water FINANCIAL IMPACT: Limited funding will be provided initially for meeting facilitation services and other incidental expenses. The Mayor and Mayor Pro Tem will each contribute $1,000 for meeting expenses from their community outreach funds. The Committee will report back to City Council after three months if additional resources are needed. Council Action Form – Environmental Sustainability Committee Appointments May 8, 2017 Page 2 BACKGROUND: On March 20, 2017, Mayor Joyce Jay and Mayor Pro Tem George Pond presented the concept of appointing a citizen environmental sustainability committee as a way to involve the citizens in community-wide sustainability efforts. The primary mission of the committee is as follows: • Evaluating current City of Wheat Ridge sustainability practices and policies and creating metrics to track progress • Providing advice, support, and guidance to the Mayor and City Council regarding sustainability, climate change, and environmental management issues • Involving the community through engagement, outreach, and advocacy; supporting education, awareness, and stewardship • Assisting the City and the community in identifying, adopting, developing and implementing plans, programs, policies, strategies, and action City Council expressed support for formation of WRESC. Staff initiated an application process seeking nine committee members with environmental knowledge and/or interest, with the aim of achieving a combination of experts and non-experts, reflecting the diversity of the community. As of May 3rd, twenty-one applications were received – eight from Council District 1; five from Council District 2; six from Council District 3 and two from Council District 4. The applications were reviewed by the Mayor and Mayor Pro Tem. The Mayor choose to expand the committee from nine to eleven members due to the number of quality applications received and to ensure that a diversity of backgrounds, education, experience, perspectives and Council Districts are represented on the committee. RECOMMENDATIONS: Staff recommends City Council ratification of the slate of committee members selected by the Mayor and Mayor Pro Tem. RECOMMENDED MOTION: “I move to ratify the Mayoral appointments of… 1. Eric Wilson 2. April Nowak 3. Karen Berry 4. Alexander Helling 5. Amy DePierre 6. Dan Graeve 7. Robert Robinson 8. Adam Wylie 9. Joy Opp 10. Heather Head 11. Andy Rasmussen Council Action Form – Environmental Sustainability Committee Appointments May 8, 2017 Page 3 …to the Wheat Ridge Environmental Sustainability Committee, term to expire upon the presentation of final recommendations to City Council.” Or “I move to deny the ratification of the Mayoral appointments to the Wheat Ridge Environmental Sustainability Committee, term to expire upon the presentation of final recommendations to City Council for the following reason(s) ___________________.” REPORT PREPARED/REVIEWED BY: Carly Lorentz, Assistant to the City Manager Patrick Goff, City Manager ATTACHMENT: 1. Wheat Ridge Environmental Sustainability Committee Slate Name District Occupation Education Sustainability Interest/ Experience Publications/Presentations/Awards 1 Eric Wilson I Research Engineer, National Renewal Energy Laboratory (NREL) Residential Buildings M.S., Civil, Environmental, and Architectural Engineering, University of Colorado at Boulder, B.S., General Engineering, University of Illinois at Urbana-Champaign, Research Assistant, University of Colorado at Boulder “The Correlation between HVAC System Pressure Drop and Energy Savings”, Research Specialist at Smart Energy Design Assistance Center, Housing Research Specialist at Building Research Council, Volunteer, Solar Decathlon 11 examples in resume, “Electric End- Use Energy Efficiency Potential in the U.S. Single-Family Housing Stock”. NREL Report 2017 2 April Nowak I Environmental Protection Specialist – Toxics Release Inventory Coordinator at the Environmental Protection Agency Master of Urban and Regional Planning in Land Use and Environmental Planning, Bachelor of Science - Geography and Environmental Planning Past Experience as Environmental Protection Specialist – Clean, Green, and Healthy Schools Coordinator and in Environmental Justice, Community Planner Intern for National Park Service, Planning Intern for The Louis Berger Group, Inc., Environmental Planning Intern for US Army Corps of Engineers. 2014 EPA Region 8 Award for Excellence in Outreach for contribution to the National Environmental Justice Advisory Council (NEJAC) national meeting. 2010 EPA Region 8 Horizon Award in recognition of contributions to fair treatment and meaningful involvement of low income and minority populations in EPA. 3 Karen Berry I State Geologist and Director, Colorado Geological Survey, Geothermal Energy Department B.Sc. Geological Engineering, Minor, Environmental Science Jefferson County Planning Department, Solid Waste Policy; Governor Ritter's Sustainability Task Force; Environment & Natural Resources Federal Advocacy Committee, NLC; Certified Professional in Erosion & Sediment Control; Certified Professional in Stormwater Quality; Urban and Community Resource Policy Groups, National Association of Conversation Districts; Coalition for the Upper South Platte Board Chair; DRCOG Board Member - Metro Vision Committee, Urban Growth Boundary Working Group, Sustainability Working Group; Bear Creek Watershed Association; Jefferson Conservation District 4 Alexander Helling II Technical Sustainability Specialist for START Communities non-profit M.S., Community Development and Applied Economics B.S., Environmental Science, Policy and Management Past experience includes work with: Minnesota Board of Water and Soil Resources, University of Vermont's Sustainability office, City of Burlington Vermont's Office of Sustainability. 5 Amy DePierre II Marketing & Sustainability Coordinator, Associates III Interior Design, M.S., Environmental Science University of Colorado B.A., Psychology, Minors: English & Biology Marketing & Sustainability Coordinator for an interior design firm; Master's Degree in Environmental Science (emphasis on sustainable urban agriculture); LEED BD+C (Leadership in Energy & Environmental Design Accredited Professional); U.S. Green Building Council Colorado - Metro Denver Communications Chair 2008-2010; Adjunct Faculty at UCD: Environment, Sustainability & Society; Lab Instructor & Teaching Assistant: Introduction to Environmental Science 5 Examples in Resume: Synthesis for the Interdisciplinary Environmental Sciences: Integrating Systems Approaches and Science Learning. Journal of College Science Teaching Wheat Ridge Environmental Sustainability Committee Slate Attachment 1 Name District Occupation Education Sustainability Interest/ Experience Publications/Presentations/Awards Wheat Ridge Environmental Sustainability Committee Slate Attachment 1 6 Dan Graeve II I have extensive experience in organic and sustainable agriculture, including being the managing partner of an urban market garden since 2013, True Roots Farm. I am also a founding member of the Mile High Farmers, a co- affiliate chapter of the Rocky Mountain Farmers Union and the National Young Farmers Coalition. Additionally, I have direct experience in working with and advancing home energy conservation, bicycle commuting , and local food processing and preservation. 7 Robert H. Robinson III Master's degree in environmental policy and management University of Denver, Bachelor's degree in biology from Metro State University of Denver Volunteer at Institute of Environmental Solutions, monitoring conservation easements with Colorado Open Lands, and preparing zoology specimens for the Denver Museum of Nature and Science, coordinated the remediation of abandoned mines for the Bureau of Land Management. 8 Adam Wylie III Leprino Foods Company, Associate Director, Environment & Global Responsibility: MS, Environmental Science & Mgmt., Duquesne University, Pittsburgh, PA,BS, Environmental Chemistry, Kettering University, Flint, Michigan, Past experience includes: Senior Environmental Engineer for General Motors, Corporate Environmental Engineer for Metal Technologies, EHS Auditor and Compliance Specialist for Goldenberg Schneider, LPA. 7 examples in resume, “Energy in Ghana; A policy approach to mitigate negative economic, social and environmental impacts”, Delivered to the Ministry of Energy in Ghana, July 2011 9 Joy Opp III Realtor Trained Climate Reality Leader, a naturalist and avid hiker with an enthusiasm for outdoor spaces. Experience with green living and creation of living spaces that make environmental sustainability easier and more natural for the homeowner. 10 Heather Head III NATIONAL RENEWABLE ENERGY LABORATORY (NREL) – Golden, CO Project Lead III and EADS Operations Coordinator Master of Business Administration, University of Colorado, Denver, CO; Master of Science in Environment Studies San Jose State University, San Jose, CA Bachelor of Arts in Philosophy, University of I currently work at NREL for the DOE's Weatherization Assistance Program where we help low-income families reduce their energy burden and improve their homes' health and safety. I have a Building Analyst (BA) certificate from the Building Performance Institute. I have a Master of Science in Environmental Science (a.b.t.) from 1995 and have been practicing and educating others in sustainable living practices all my life. Professional Certifications: Project Management Professional (PMP), Project Management Institute, Building Analyst (BA), Building Performance Institute. Awards: President’s Award for Outstanding Leadership, Team of the Month, Outstanding Achievement Award 11 Andy Rasmussen IV Electrician, Namaste Solar Electric 4 Year Electrical Training Program graduated third in class Northwestern University Bachelor of Science, Civil Engineering Northwestern. Certified Permaculture Designer, certified Passive House Designer, NABCEP Certified Photovoltaic Installer, Journeyman Electrician. Past experience as Business Owner and Project Mgr, Jungle Brothers, Costa Rica working with partners and customers to produce custom home designs, procure supplies and manage construction of homes in Costa Rica. ITEM NO: DATE: May 8, 2017 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 13-2017 - A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND THE CITY AND COUNTY OF DENVER CONCERNING ENGINEERING SERVICES FOR THE EXTENSION OF A DENVER WATER DEPARTMENT CONDUIT PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Director of Public Works City Manager ISSUE: As part of the Clear Creek Crossing project, the City has been working with the property owner and CDOT to design and attain approvals for construction of the I-70 hook ramps that are needed to accommodate the development. An additional variable requiring extensive coordination among all parties is Denver Water’s plan to replace a large-diameter water distribution main (identified as Conduit 16), running between Ralston Reservoir and the Moffat Treatment Plant in Lakewood. This main runs across the site in a diagonal (southeasterly) direction from the northwest corner of the property before crossing beneath I-70. Construction of the hook ramps, which are necessary to accommodate the Clear Creek Crossing development, and a portion of Denver Water’s work are scheduled to occur at the same time and at the same location. The Intergovernmental Agreement (IGA) provides a means for re-designing Denver Water’s work to avoid conflicts and allow both activities to proceed simultaneously. PRIOR ACTION: None Council Action Form – IGA with Denver Water May 8, 2017 Page 2 FINANCIAL IMPACT: All of the work described above is located within Denver Water’s utility easement. As such, the added cost to redesign their work must be assumed by the property owner/developer and/or the City. The attached IGA has been developed by Denver Water and reviewed by the City Attorney. The IGA provides for additional design services to extend the tunneling portion of the water main at an estimated cost of $22,317. It has been determined that this cost can be funded by use of 2E designated funds. BACKGROUND: Denver Water will be replacing a large diameter water distribution main (Conduit 16) that runs between Ralston Reservoir and the Moffat Treatment Plant in Lakewood. As part of Denver Water’s project, a new conduit will be tunneled or bored from the Clear Creek Crossing property, under I-70 and the Applewood Shopping Center, before daylighting on the east edge of the Applewood property. This tunneling operation requires a bore-pit, or excavation point, on the west side of I-70 where the operation must stage. This excavation (and accompanying construction of a concrete vault) is located at the same location of the proposed hook ramps. While this matter by itself presents a challenge, a more critical issue is that both Denver Water’s work and the hook ramp work are scheduled for the same time. Both Denver Water and the developer anticipate commencing work on the tunneling and hook ramps later this fall. Neither party can start sooner, due to technical details with Denver Water’s overall project scope and the developer’s schedule for attaining overall project approvals, including permits from CDOT, to construct the hook ramps. For the overall development and construction of Clear Creek Crossing, the hook ramps must be completed before much of the other site work can begin. Denver Water’s activity is anticipated to last several months, and waiting for completion of their work would severely delay and negatively impact the Clear Creek Crossing project. As a result of discussions between all parties, an alternative solution to extend, or move Denver Water’s bore-pit excavation to the northwest by at least 100 feet has been proposed. This would extend the length of Denver Water’s tunneling operation, but would also move their work activity out of the hook ramp area, allowing both Denver Water and the developer to engage in their respective work activities at the same time. RECOMMENDATION: Staff recommends approving the attached resolution authorizing approval of an IGA with the City and County of Denver concerning engineering services for the extension of a Denver Water Department conduit. RECOMMENDED MOTION: “I move to approve Resolution No.13-2017, a resolution approving an Intergovernmental Agreement between the City of Wheat Ridge and the City and County of Denver concerning engineering services for the extension of a Denver Water Department conduit.” Council Action Form – IGA with Denver Water May 8, 2017 Page 3 Or: “I move to postpone indefinitely Resolution No. 13-2017, a resolution approving an Intergovernmental Agreement between the City of Wheat Ridge and the City and County of Denver concerning engineering services for the extension of a Denver Water Department conduit for the following reason(s): ____________________.” __________________________________________________________________________.” REPORT PREPARED/REVIEWED BY: Scott Brink, Director of Public Works Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 13-2017 2. IGA with Denver Water CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 13 Series of 2017 TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND THE CITY AND COUNTY OF DENVER CONCERNING ENGINEERING SERVICES FOR THE EXTENSION OF A DENVER WATER DEPARTMENT CONDUIT WHEREAS, pursuant to C.R.S. § 29-1-203, the cities of Wheat Ridge and Denver, Colorado are authorized to enter into cooperative agreements with other governmental entities to provide any function, service or facility each is authorized to undertake; and WHEREAS, Denver is currently in the design stage for the extension of a water supply conduit underneath Interstate 70; and WHEREAS, Wheat Ridge wishes to assist that design in order to permit efficient scheduling of the construction of hook ramps for the I-70-Youngfield interchange in order to facilitate development of certain property in Wheat Ridge; and WHEREAS, the City Council desires to approve the terms of an agreement with Denver under which Wheat Ridge may assist in providing the engineering services necessary to produce a design for the conduit extension that will also permit timely construction of the hook ramps; and WHEREAS, in accordance with Section 14.2 of the City’s Home Rule Charter, the City Council wishes to approve said Intergovernmental Agreement by resolution. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: The Intergovernmental Agreement by and between the City and County of Denver and the City of Wheat Ridge concerning engineering services, attached to this Resolution and incorporated herein by reference, is hereby approved, and the Mayor and City Clerk are authorized and directed to execute the same. DONE AND RESOLVED this _____ day of ____________, 2017. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Attachment 1 Attachment 2 INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”) is made and entered into between the City and County of Denver, acting by and through its Board of Water Commissioners (“Board”), a municipal corporation of the State of Colorado, and the City of Wheat Ridge (“City”), a municipal corporation of the State of Colorado. RECITALS 1. The City is planning to contract for work related to the Interstate 70 Hook Ramps, which may include extension of the Board’s Conduit 16 I-70 Tunnel in a way that would accommodate the construction of the City’s Hook Ramps. The City’s project requires engineering design services for the aforementioned tunnel extension (the “Work”). 2. The City and the Board would like the Board’s engineering consultant for its Conduit 16 work (“Consultant”) to complete the Work. The total estimated cost for the Work is TWENTY-TWO THOUSAND THREE HUNDRED SEVENTEEN AND 00/100 DOLLARS ($22,317.00) as shown on Exhibit A attached hereto and incorporated herein by this reference. 3. In accordance with the Colorado Constitution and the Charter of the City and County of Denver, the City and the Board are authorized to enter into agreements of this nature. NOW, THEREFORE, the Board and the City agree as follows: 1. COORDINATION AND LIAISON. A. The Board’s Director of Engineering is the Board’s authorized representative for purposes of performing the Board’s obligations under this Agreement. The Board may change its authorized representatives at any time by providing written notice to the City of such change. 2. THE WORK. A. Subject to the terms and conditions of this agreement, the Board’s Consultant will provide engineering services for the Work. 3. DESIGN. A. Board Responsibilities (1) As requested by the City, Board representatives shall attend any design meetings scheduled by the City and attend regularly scheduled design meetings to address issues related to the work. (2) The Board will contract with its Consultant to perform the Work. 4. REIMBURSEMENT. A. The City agrees to reimburse the Board for actual costs associated with the Work in the amount of TWENTY-TWO THOUSAND THREE HUNDRED SEVENTEEN AND 00/100 DOLLARS ($22,317.00). 2 B. In the event the Board determines that the cost of the Work will exceed the preceding cost estimate, the Board shall provide notice to the City and shall have no obligation to proceed further with the Work until the parties amend this Agreement to fund any additional costs of the Work. C. The Board shall invoice the City upon completion of the Work.The invoice shall include a detailed accounting of the actual cost expended for the Work by the Board. The City shall review the invoice and, unless the City disputes the invoice or the Work as completed, shall pay the invoice in one lump sum payment within thirty (30) days of the receipt of the invoice. 5. RECORDS AND AUDITS. The Board shall at all times maintain a system of accounting records in accordance with its normal procedures, together with supporting documentation for all Work under this Agreement, which shall be made available for audit and reproduction by the City at the City’s request. The parties agree that, for a period of at least three (3) years from the final scheduled payment under this Agreement, any duly authorized representative of the City or the Board, including the City Auditor or the City Auditor’s designee, shall have access to and the right to examine any directly pertinent books, documents, papers, and records of the parties involving the transactions and other activities related to this Agreement. 6. BEST EFFORTS. The City and the Board agree to work diligently together, and in good faith, using their best efforts to resolve any unforeseen issues and disputes regarding the design, construction, completion, and acceptance of the Work. 7. OWNERSHIP AND MAINTENANCE. The Board shall own the completed Work. 8. LIABILITY. Each party shall be liable for the errors and omissions of its agents and employees to the extent provided by the Colorado Governmental Immunity Act. This obligation shall survive termination of the Agreement. 9. NOTICES. All notices required or given under this Agreement shall be in writing and shall be deemed effective: (a) when delivered personally to the other party; or (b) seven days after posting in the United States mail, first-class postage prepaid, and properly addressed as follows; or (c) when sent by email transmission and the receipt is confirmed by return email transmission. If sent to the City: Scott Brink, City of Wheat Ridge Director of Public Works, 7500W. 29th Avenue, Wheat Ridge, Co 80033-8001; sbrink@ci.wheatridge.co.us_ If sent to the Board: Jim Light, Engineering Design Project Manager, Denver Water, 1600 West 12th Avenue, Denver Colorado 80204; jim.light@denverwater.org or such other persons or addresses as the parties may have designed in writing. 10. NO DISCRIMINATION IN EMPLOYMENT. In connection with the performance of work under this Agreement, the parties agree not to refuse to hire, discharge, promote or demote, or to discriminate in matters of compensation against any person otherwise qualified, solely because of race, color, religion, national origin, gender, age, military status, sexual orientation, marital status, or physical or mental disability. The parties further agree to insert the foregoing or a similar provision in all contracts entered into in furtherance of this Agreement. 3 11. CONFLICT OF INTEREST. The parties agree that no official, officer, or employee of the City or of the Board shall have any personal or beneficial interest whatsoever in the Work, related services, or property described herein. 12. SUBJECT TO LOCAL LAWS; VENUE. Each and every term, provision, or condition herein is subject to and shall be construed in accordance with the provisions of Colorado law, the Charter of the City and County of Denver, and the applicable ordinances, regulations, executive orders, or fiscal rules, enacted or promulgated pursuant thereto. The Charter and Revised Municipal Code of the City and County of Denver, as the same may be amended from time to time, are hereby expressly incorporated into this Agreement as if fully set out herein by this reference. Venue for any legal action relating to this Agreement shall lie in the District Court in and for the City and County of Denver, Colorado. 13. GOVERNMENTAL IMMUNITY ACT. The parties understand and agree that the parties are relying upon and have not waived the monetary limitations and all other rights, immunities and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as it may be amended from time to time. 14. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the Board and the City as to the subject matter hereof, and it replaces all prior written or oral agreements and understandings. 15. NO THIRD PARTY BENEFICIARIES. Enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement shall be strictly reserved to the City and the Board; nothing contained in this Agreement shall give or allow any such claim or right of action by any other person or third party. 16. EXECUTION OF AGREEMENT. This Agreement is expressly subject to, and shall not be or become effective or binding on the City and the Board until fully executed by all signatories of the Board and the City. 17. EFFECTIVE DATE AND TERMINATION. This Agreement shall become effective as of the date set out on the first page hereof, upon execution by both parties. This Agreement shall expire, unless earlier terminated or otherwise stated herein, upon completion of the Work. Either party may terminate the Agreement on thirty days’ written notice for cause in the event the other party fails to comply with any term or condition contained herein. 18. ELECTRONIC SIGNATURES AND ELECTRONIC RECORDS. The Board consents to the use of electronic signatures by the City. The Agreement, and any other documents requiring a signature hereunder, may be signed electronically by the City and the Board. The parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The parties agree not to object to the admissibility of the Agreement in the form of an electronic record, a paper copy of an electronic document, or a paper copy of a document bearing an electronic signature on the grounds that it is an electronic record, an electronic signature, that it is not in its original form, or is not an original. [END OF PAGE] CITY AND COUNTY OF DENVER, acting by and through its BOARD OF WATER COMMISSIONERS By: ______________________________ James S. Lochhead President DATE: ___________________________ APPROVED: By: ______________________________ Robert J. Mahoney Chief Engineering Officer REGISTERED AND COUNTERSIGNED: CITY AND COUNTY OF DENVER By: ______________________________ Timothy M. O’Brien, CPA APPROVED AS TO FORM: By: ____________________________ Office of General Counsel Auditor 1 CITY OF WHEAT RIDGE APPROVED: By: _________________________________ Mayor Joyce Jay ATTEST: _____________________________ Janelle Shaver, City Clerk [seal] APPROVED AS TO FORM BY CITY ATTORNEY: _______________________________ Gerald Dahl, City Attorney Denver Water Conduit No . 16 Project I-70 Tunnel Realignment Engineering Services Cost Estimate Task No. HDR Hours HDR Total Cost Dewberry Hours Dewberry Total Cost Brierley Hours Brierley Total Cost S&W Hours S&W Total Cost Pinyon Hours Pinyon Total Cost TOTAL COST 1 Revise Geotechnical Baseline Report to Realign and Lengthen Tunnel 26 3,325$ 3,325$ 2 Revise Tunneling Specifications to Realign and Lengthen Tunnel 8 1,230$ 1,230$ 3 Revise Dewatering Specifications to Realign and Lengthen Tunnel N/A 4 Revise Front End Specifications to reflect scope changes 8 1600 1,600$ 5 Drawing Revisions -$ 5 A Demolition Drawings (2 or 3)8 1400 1,400$ 5 B Tunnel Cross Sections (1)8 1400 1,400$ 5 C Tunnel Plan & Profile (2)16 2800 2,800$ 5 D Tunnel Instrumentation Plans (1)8 1400 6 950$ 2,350$ 5 E Open Cut Plan & Profile (2)16 2800 2,800$ 5 F Erosion Control Initial/Interim (Tunnel, OC) & Final (3)8 1,012$ 1,012$ 6 8 1,600$ 16 2,800$ 4,400$ TOTAL COST 22,317.00$ Description Meetings and Coordination Exhibit A